NM Notary Types of Notarial Acts 2 — Questions and Answers
Question 1: A signer brings a document that was already signed at home last week. Which notarial act allows the notary to proceed without requiring a new signature?
- An acknowledgment (Correct answer)
- A jurat
- Witnessing a signature
- A verification on oath
Correct answer: An acknowledgment
An acknowledgment only requires the signer to declare the existing signature is theirs and voluntarily made, so re-signing is unnecessary.
Question 2: For a jurat performed under New Mexico law, when must the document be signed?
- In the notary's presence at the time of notarization (Correct answer)
- Within 30 days before notarization
- Any time, as long as the signer acknowledges it
- Only after the notary administers the oath
Correct answer: In the notary's presence at the time of notarization
A jurat (verification on oath or affirmation) requires the signer to sign in the notary's presence and swear or affirm the contents are true.
Question 3: A customer asks a New Mexico notary to certify that a photocopy of a diploma is a true copy of the original. What must the notary do first?
- Compare the copy with the original document (Correct answer)
- Ask the school to verify the diploma
- Have the customer swear the copy is accurate
- Refuse, because copies can never be certified
Correct answer: Compare the copy with the original document
Certifying a copy requires the notary to personally determine the copy is a full, true, and accurate reproduction of the original.
Question 4: Which of the following is a notarial act in which no document signature is required at all?
- Administering an oath or affirmation (Correct answer)
- Taking an acknowledgment
- Executing a jurat
- Witnessing a signature
Correct answer: Administering an oath or affirmation
A verbal oath or affirmation may be administered on its own, such as swearing in a witness, without any signed document.
Question 5: What is the key difference between an oath and an affirmation?
- An oath invokes a deity while an affirmation is a solemn secular promise (Correct answer)
- An oath is written while an affirmation is spoken
- An oath is for court use while an affirmation is for documents
- There is no legal difference in penalty for lying under either
Correct answer: An oath invokes a deity while an affirmation is a solemn secular promise
An oath appeals to a supreme being, while an affirmation is a solemn declaration on personal honor; both carry equal legal weight and perjury penalties.
Question 6: A signer with a broken arm asks another person to sign her name on a deed. Under the Revised Uniform Law on Notarial Acts (RULONA) as adopted in New Mexico, this is called signing by:
- An individual directed by the signer in the notary's presence (Correct answer)
- Power of attorney
- Subscribing witness
- Credible witness
Correct answer: An individual directed by the signer in the notary's presence
RULONA permits a notary to notarize when another individual signs the record at the direction of a physically unable signer, in the presence of the notary.
Question 7: Which document type most commonly requires a jurat rather than an acknowledgment?
- An affidavit (Correct answer)
- A deed of trust
- A vehicle title transfer
- A power of attorney
Correct answer: An affidavit
Affidavits are sworn statements of fact, so they require the signer to take an oath or affirmation before the notary — a jurat.
NM Notary Types of Notarial Acts 2
A signer brings a document that was already signed at home last week.
Which notarial act allows the notary to proceed without requiring a new signature?